✦ High Court of India · 15 Oct 2025

State of U.P v. Party

Case Details High Court of India · 15 Oct 2025
Court
High Court of India
Decided
15 Oct 2025
Bench
SAMIT GOPAL
Length
1,413 words

2. Heard Sri Santosh Kumar, Advocate holding brief of Sri Nirendra Mohan, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This second bail application under Section 483 BNSS has been filed by the applicant Samir, seeking enlargement on bail during trial in connection with Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) BNS, registered at P.S. Shahi, District Bareilly.

4. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 05.04.2025 passed in Crl. Misc. Bail Application No. 7271 of 2025 (Samir Vs. State of U.P.).

5. The FIR of the matter was lodged on 20.07.2024 by Hiralal naming the applicant and 49 other persons along with 10-15 unknown persons alleging therein that on 19.07.2024 the accused persons collected many times in the afternoon and had a meeting and then at about 08:00 pm when Roop Chandra, Lalta Prasad, Reviram, Manohar Lal, Tejram, Harpal, Beniram were present in front of the house of Roop Chandra then a laser light was seen from the window of Roop Chandra which was repeatedly being focused of Dropa Devi the wife of Anokhey Lal from which she was being teased. On seeing it the persons of village were told to stop it on which they threatened them and the accused persons then came in front of the house of Roop Chandra and assaulted them with lathi, danda, iron rod, bricks and stone etc. Tejram being assaulted his wife Ram Pyari and the informant reached there to save him on which they were also assaulted with lathi and danda. The accused persons then broke the door of the house of Roop Chandra and entered inside and assaulted 2 BAIL No. 15061 of 2025 Anokhey Lal and Dropa Devi his wife who ran to the roof to save themselves. The vehicles standing there were also broken. Due to the assault, Tejram the son of the informant received serious injuries who has been admitted in the hospital and he is in a serious condition. Subsequently Tejram died. The other persons had received injuries.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that general and common role has been assigned to the applicant, 49 other names accused and 10-15 unknown persons. It is submitted that there is no specification of the assault. While placing para 18 of the affidavit it is submitted that no incriminating articles have been recovered from the possession of the applicant.

7. Further, it is submitted that co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail by co-ordinate Benches of this Court vide orders dated 14.11.2024, 29.11.2024, 13.12.2024, 2.1.2025, 17.1.2025, 31.1.2025, 24.2.2025, 24.3.2025, 24.3.2025, 24.3.2025, 24.3.2025, 2.4.2025, 2.4.2025, 2.4.2025, 15.4.2025, 15.4.2015, 8.5.2025, 9.5.2025, 19.5.2025, 20.5.2025, 22.5.2025, 23.5.2025, 23.5.2025, 23.5.2025, 23.5.2025, 26.5 2025 passed in Criminal Misc. Bail Applications Nos. 37632 of 2024, 41509 of 2024, 43786 of 2024, 45849 of 2024, 696 of 2025, 2962 of 2025 , 44832 of 2024, 43674 of 2024, 43727 of 2024, 43747 of 2024, 43783 of 2024, 44704 of 2024, 46445 of 2024, 46365 of 2024, 4222 of 2025, 12144 of 2025, 12422 of 2025, 15790 of 2025, 15502 of 2025, 13377 of 2025, 39353 of 2024, 47603 of 2024, 47470 of 2024, 47448 of 2024, 1138 of 2025, 15449 of 2025 respectively. Copy of all the orders are annexed as annexure S.A.1 to the supplementary affidavit dated 24.07.2025 which is already on record. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 20.07.2024.

8. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail have been granted bail.

9. After having heard learned counsels for the parties and perusing the records, it is evident that common and general role has been assigned to 3 BAIL No. 15061 of 2025 all the accused persons. Co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Samir, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. 4 BAIL No. 15061 of 2025 (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. October 15, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Santosh Kumar, Advocate holding brief of Sri Nirendra Mohan, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

3. This second bail application under Section 483 BNSS has been filed by the applicant Samir, seeking enlargement on bail during trial in connection with Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) BNS, registered at P.S. Shahi, District Bareilly.

4. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 05.04.2025 passed in Crl. Misc. Bail Application No. 7271 of 2025 (Samir Vs. State of U.P.).

5. The FIR of the matter was lodged on 20.07.2024 by Hiralal naming the applicant and 49 other persons along with 10-15 unknown persons alleging therein that on 19.07.2024 the accused persons collected many times in the afternoon and had a meeting and then at about 08:00 pm when Roop Chandra, Lalta Prasad, Reviram, Manohar Lal, Tejram, Harpal, Beniram were present in front of the house of Roop Chandra then a laser light was seen from the window of Roop Chandra which was repeatedly being focused of Dropa Devi the wife of Anokhey Lal from which she was being teased. On seeing it the persons of village were told to stop it on which they threatened them and the accused persons then came in front of the house of Roop Chandra and assaulted them with lathi, danda, iron rod, bricks and stone etc. Tejram being assaulted his wife Ram Pyari and the informant reached there to save him on which they were also assaulted with lathi and danda. The accused persons then broke the door of the house of Roop Chandra and entered inside and assaulted 2 BAIL No. 15061 of 2025 Anokhey Lal and Dropa Devi his wife who ran to the roof to save themselves. The vehicles standing there were also broken. Due to the assault, Tejram the son of the informant received serious injuries who has been admitted in the hospital and he is in a serious condition. Subsequently Tejram died. The other persons had received injuries.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that general and common role has been assigned to the applicant, 49 other names accused and 10-15 unknown persons. It is submitted that there is no specification of the assault. While placing para 18 of the affidavit it is submitted that no incriminating articles have been recovered from the possession of the applicant.

7. Further, it is submitted that co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail by co-ordinate Benches of this Court vide orders dated 14.11.2024, 29.11.2024, 13.12.2024, 2.1.2025, 17.1.2025, 31.1.2025, 24.2.2025, 24.3.2025, 24.3.2025, 24.3.2025, 24.3.2025, 2.4.2025, 2.4.2025, 2.4.2025, 15.4.2025, 15.4.2015, 8.5.2025, 9.5.2025, 19.5.2025, 20.5.2025, 22.5.2025, 23.5.2025, 23.5.2025, 23.5.2025, 23.5.2025, 26.5 2025 passed in Criminal Misc. Bail Applications Nos. 37632 of 2024, 41509 of 2024, 43786 of 2024, 45849 of 2024, 696 of 2025, 2962 of 2025 , 44832 of 2024, 43674 of 2024, 43727 of 2024, 43747 of 2024, 43783 of 2024, 44704 of 2024, 46445 of 2024, 46365 of 2024, 4222 of 2025, 12144 of 2025, 12422 of 2025, 15790 of 2025, 15502 of 2025, 13377 of 2025, 39353 of 2024, 47603 of 2024, 47470 of 2024, 47448 of 2024, 1138 of 2025, 15449 of 2025 respectively. Copy of all the orders are annexed as annexure S.A.1 to the supplementary affidavit dated 24.07.2025 which is already on record. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 20.07.2024.

8. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the fact that the said co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail have been granted bail.

9. After having heard learned counsels for the parties and perusing the records, it is evident that common and general role has been assigned to 3 BAIL No. 15061 of 2025 all the accused persons. Co-accused Israr Ahmad, Ishtayak Ali Ansari, Mohd.Umar, Nazim ; Bundan Bakhsh, Hasan, Shoeb Ali, Riyasat Ali, Mukhyar Ali, Nizakat Ali, Farukh Ali, Naseer Ali, Bhoora, Mohd. Haneef ; Faiem ; Guddu, Tasleem ; Asif, Rashid, Israt Ali, Nisar Ali ; Riyasat : Irshad, Chanda Shah, Faim, Maksood Ali, Bakhtawar ; Israf @ Asraf ; Asid, Rehan, Aspaq, Mohd. Naseem, Aslam, Imran and Abdul Salam have been granted bail.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant Samir, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. 4 BAIL No. 15061 of 2025 (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

12. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

13. The bail application is allowed.

14. Pending application(s), if any, shall stand disposed of. October 15, 2025 M. ARIF (Samit Gopal,J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

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